Lawyers Behaving Badly

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TexasFilly
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Lawyers Behaving Badly

#1

Post by TexasFilly » Wed Jan 23, 2013 10:36 am

'Baddest lawyer in history of Jersey' accused of orchestrating FBI informant's murderBy Joseph Ax, ReutersNEWARK, New Jersey -- New Jersey attorney Paul Bergrin facilitated a litany of crimes through his law firm, including drug trafficking, prostitution and the murder of an FBI informant, prosecutors said on Tuesday as his trial began in Newark federal court.A former federal prosecutor and prominent defense lawyer, Bergrin, 57, faces charges that he orchestrated the 2004 murder of Kemo DeShawn McCray, an FBI informant and witness against one of his clients, as well as 24 other counts ranging from racketeering to conspiring to kill witnesses.But Bergrin, who has represented rapper L'il Kim and U.S. soldiers accused of crimes in Iraq, said the government's case rests almost entirely on the testimony of career criminals intent on reducing their sentences."You'll find in this case conclusively that you can't trust any of the witnesses against me," Bergrin, [highlight]who is acting as his own attorney,[/highlight] [-X told the jury on Tuesday during opening arguments.[/break1]nbcnews.com/_news/2013/01/23/16655924-baddest-lawyer-in-history-of-jersey-accused-of-orchestrating-fbi-informants-murder?lite]http://usnews.nbcnews.com/_news/2013/01 ... urder?liteMuch, much more at the linky. I'd be interested to hear from BFB and Loh about this case.


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#2

Post by Patagoniagirl » Wed Jan 23, 2013 11:06 am

You bet me to it! This is one truly BAD man. I am just glad he is representing himself. We all knows what that means.



TexasFilly
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#3

Post by TexasFilly » Wed Jan 23, 2013 11:16 am

You bet me to it! This is one truly BAD man. I am just glad he is representing himself. We all knows what that means.Well, criminal defense lawyers, by definition, deal with unsavory characters. And sometimes the government will go after them on flimsy charges because the DA has a grudge, etc. OTOH, sometimes these lawyers choose to swim in the cesspool with their clients. The recording that the AUSA referred to in his opening statement sounds like it's bad news for this guy. I find it most interesting that he has chosen to represent himself.


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#4

Post by Maybenaut » Wed Jan 23, 2013 11:28 am

You bet me to it! This is one truly BAD man. I am just glad he is representing himself. We all knows what that means.Well, criminal defense lawyers, by definition, deal with unsavory characters. And sometimes the government will go after them on flimsy charges because the DA has a grudge, etc. OTOH, sometimes these lawyers choose to swim in the cesspool with their clients. The recording that the AUSA referred to in his opening statement sounds like it's bad news for this guy. I find it most interesting that he has chosen to represent himself.This is an interesting case. It's Bergrin's second trial. He also represented himself in the first trial. But as the article notes, in the first trial he convinced the Court to sever the murder charge from the racketeering and conspiracy charges (which were to be tried separately), so the jury only considered the murder charge (and deadlocked). But the decision to sever was set aside on appeal, and the charges are now all being tried together.I'd be very interested to see the acquittal rates on lawyers who represent themselves. Everyone's heard the "fool for a client" bit, but I'd be more concerned about subtler influences on the jury, like, if he's so innocent, why can't he find a lawyer to represent him? Or is it that he's so arrogant that he thinks no other lawyer is as capable as he is? Even though in voir dire all the jurors will say that they won't consider the fact that he's representing himself, I just wouldn't want any of this running through the minds of any of the jurors. There is stuff in just about every case that is hurtful to the defense that the jury will promise to ignore, but which, in reality, they will have a hard time ignoring. The cards are already stacked in favor of the government, and you don't affirmatively inject bias against yourself in the proceeding if you want to get acquitted. Plus, it's hard to mount a collateral attack based on ineffective assistance of counsel in the event you're convicted.But, having said all that, Bergrin had some success in the first trial. A hung jury can be as good as an acquittal if the government stops coming after you as a result. On the other hand, it gives both sides a preview of how the case is likely to play out on retrial, which is good and bad for both sides. In the end, though, when your only defense is that the boatload of witnesses against you are all lying in exchange for leniency, it probably doesn't matter. I don't know enough about the individual charges (there are 24 counts on the indictment, apparently), but I can't imagine he's getting acquitted of everything. But I've been wrong before.



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#5

Post by poutine » Wed Jan 23, 2013 11:48 am

A hung jury on a murder charge when the state still hasn't launched its attack on several other serious charges is a pretty meek and temporary victory (and really it's a draw, not a victory). The state will now be better prepared, and educated on the weaknesses of its murder case from juror feedback, with the added bonus of the additional charges. The guy is insane for representing himself. Possession of cocaine alone is not a crime that can be proved through testimony of unsavory characters alone. I presume the state has weight measurements, lab tests and photography to support its case.



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#6

Post by TexasFilly » Wed Jan 23, 2013 11:49 am

This is the NY Magazine article referenced in the NBCNews article: [/break1]com/news/features/paul-bergrin-2011-6/]http://nymag.com/news/features/paul-bergrin-2011-6/. There's too much good stuff in there to cull out 4 paragraphs. It is from 2011, and Bergrin had a lawyer at the time. His wiki article also states he's represented by counsel, but that is obviously not the case now. It's an eye-opening article. At least one person claims the only defense to this case is an insanity plea. He is also referred to as narcissistic sociopath (sound familiar?).


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#7

Post by Maybenaut » Wed Jan 23, 2013 12:16 pm

This is the NY Magazine article referenced in the NBCNews article: [/break1]com/news/features/paul-bergrin-2011-6/]http://nymag.com/news/features/paul-bergrin-2011-6/. There's too much good stuff in there to cull out 4 paragraphs. It is from 2011, and Bergrin had a lawyer at the time. His wiki article also states he's represented by counsel, but that is obviously not the case now. It's an eye-opening article. At least one person claims the only defense to this case is an insanity plea. He is also referred to as narcissistic sociopath (sound familiar?).I read this article about the testimony of the stepfather of the victim in the first trial. [/break1]northjersey.com/news/crime_courts/102511_Witness_at_Bergrin_trial_angrily_describes_sons_slaying.html]http://www.northjersey.com/news/crime_c ... aying.htmlIt say's he's "defending himself," and on page 3 of the article, it describes Bergrin himself doing the cross-examination of the stepfather.
Edit: ETA a link to the article



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#8

Post by A Legal Lohengrin » Wed Jan 23, 2013 1:10 pm

This may be one of the few cases where a lawyer representing himself could not actually hire a better one. There are probably equally capable criminal defense lawyers, but perhaps he can't afford them at this time. And unfortunately for him, they do not offer the "value added" services he himself offered his own clients.Where Bergrin finally crossed the line far enough to get prosecuted was in actively participating in rubbing out witnesses. Previously, he would simply note to his clients that a certain witness was critical to some element of the prosecution's case and that if that witness were not available, there would be no case. "No Kemo, no case." Then the clients, usually Newark gangs of various sorts, would themselves procure the unavailability of the witness.Later, Bergrin himself began participating in this, using intimidation and bribery to ensure the absence of witnesses, before finally crossing the line into murder. His procedural victory in the first case is probably why he didn't lose. The jury only got to hear the evidence about murder, which is somewhat equivocal taken by itself. If they'd heard about all the evidence relating to other crimes and judged the murder evidence in light of that, jury instruction or no jury instruction.Incidentally, in at least one case subsequent to Bergrin's arrest, a defendant who had him at trial claimed ineffective assistance of counsel on the grounds of his contemporaneous involvement with a variety of criminal activities. Needless to say, this defense went nowhere. Ineffective assistance was not one of Bergrin's professional failings. One could say that, to the contrary, his clients received far more effective assistance than the law allows.I'd say most lawyers would be fools to represent themselves in this situation, but there's a mountain of evidence against him and he would probably lose on at least some of these counts with any counsel. He may view himself as being the only lawyer (at least the only lawyer he can afford) who has even a chance. He may actually be right, especially if he still has any connections who can arrange for the witnesses to disappear without him being connected to it.I anticipate he will be convicted of at least something, and he probably anticipates this as well. I imagine he will be doing as much as possible at trial to preserve appealable issues both for appealing guilty verdicts, sentencing and post-conviction relief. He knows all those processes intimately. As for whether arrogance will be his undoing, it seems it already has been.



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#9

Post by TexasFilly » Wed Jan 23, 2013 2:04 pm

Thanks, Loh!


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#10

Post by Maybenaut » Wed Jan 23, 2013 2:14 pm

He may view himself as being the only lawyer (at least the only lawyer he can afford) who has even a chance. He may actually be right, especially if he still has any connections who can arrange for the witnesses to disappear without him being connected to it. =)) =)) =))



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#11

Post by mimi » Mon Jan 28, 2013 9:11 am

wsj





Lawyers Behaving Badly Get A Dressing Down From Civility Cops





[/break1]wsj.com/article/SB10001424127887323539804578263733099255320.html?mod=WSJ_hp_EditorsPicks&mg=reno64-wsj#articleTabs=article]http://professional.wsj.com/article/SB1 ... bs=article








It's a program on returning to civility.





I'm not sure it's going to work. But cheers to those to try.



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#12

Post by TexasFilly » Mon Jan 28, 2013 10:25 am

wsj





Lawyers Behaving Badly Get A Dressing Down From Civility Cops





[/break1]wsj.com/article/SB10001424127887323539804578263733099255320.html?mod=WSJ_hp_EditorsPicks&mg=reno64-wsj#articleTabs=article]http://professional.wsj.com/article/SB1 ... bs=article








It's a program on returning to civility.





I'm not sure it's going to work. But cheers to those to try.Yep, these guys are pikers compared to La Taitz:





Take, for instance, lawyer Marvin Gerstein of Illinois, who has been disciplined three times for his profane epistolary style, according to the Attorney Registration & Disciplinary Commission of the Illinois Supreme Court.








Over the years, Mr. Gerstein has sent letters to legal adversaries calling them, variously, a "fool," "idiot," "slimeball," and other names unfit for publication. He has also suggested opponents have their heads inserted so far into an unpleasant place that they "think it's a rose garden," language that an expert witness for Mr. Gerstein said served a business purpose by vividly demonstrating the point.





The disciplinary commission rejected that argument, although a dissenting member argued that his conduct was protected by the First Amendment.





"If you cross the line with me, you get both barrels," said an unrepentant Mr. Gerstein. He has since dialed his language back to avoid further sanctions, he said, but "it's none of their business what goes on between two attorneys."Of course, it certainly is the business of the judge what goes on in papers filed with the court and lawyers just baldfaced lying to the court. Unless and until the judges start to use their power to put a stop to it, Taitz will continue to do so.


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#13

Post by TexasFilly » Sat May 25, 2013 2:51 am

Jury Convicts Former South Texas DA of CorruptionBROWNSVILLE, Texas May 25, 2013 (AP)A former Texas prosecutor and one-time candidate for Congress was convicted Friday of accepting bribes in exchange for court favors, including an $80,000 payment in a scheme that allowed a convicted murder to escape.Jurors convicted former Cameron County District Attorney Armanda Villalobos on racketeering, bribery and extortion charges. They acquitted him on two extortion charges.Villalobos is the highest-profile target to stand trial in an FBI investigation into legal corruption in Cameron County. The former prosecutor was accused of taking more than $100,000 in bribes from attorneys.Villalobos denied any wrongdoing and testified during his trial that he did not request money from lawyers in exchange for appointments with him.[/break1]go.com/US/wireStory/jury-convicts-south-texas-da-corruption-19254619#.UaBddbWG2bw]http://abcnews.go.com/US/wireStory/jury ... aBddbWG2bwYou gotta read the whole thing. :shock:


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#14

Post by Shagnastie » Wed Jun 05, 2013 10:09 pm

TexasFilly posted about this gal last year:http://www.thefogbow.com/forum/search.p ... rnesBarnes' trial for shooting at the census taker has begun and promises to be a doozy:[/break1]statesman.com/news/news/crime-law/trial-of-attorney-accused-of-shooting-at-census-wo/nYBxS/]http://www.statesman.com/news/news/crim ... -wo/nYBxS/[/break1]statesman.com/news/news/local/census-worker-recalls-the-day-she-was-shot-at/nYC24/]http://www.statesman.com/news/news/loca ... -at/nYC24/And Miz Barnes, Esq. was no stranger to local law enforcement before her current dust-up:[/break1]statesman.com/blogs/content/shared-gen/blogs/austin/courts/entries/2010/01/11/leander_lawyer_arrested_at_cou.html]http://mo.statesman.com/blogs/content/s ... t_cou.html[/break1]typepad.com/legal_blog_watch/2010/05/a-texas-lawyer-you-dont-want-to-mess-with.html]http://legalblogwatch.typepad.com/legal ... -with.htmlGoogling her name brings up several websites dedicated to defending her that seem to be on an appropriate level of crazy, with a faint tinge of SovCit nuttery. Tolland, what do you think?



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#15

Post by mimi » Thu Jun 06, 2013 10:27 am




Lawyer arrested after allegedly destroying Vegas hotel room in wild 'Hangover' style night





Published June 06, 2013





FoxNews.com





Fox 5 reports 45-year-old Robert Pearman was arrested after police received a call that several people were trashing the room at the Encore Las Vegas hotel and casino and being belligerent to security.The damage was estimated at $96,270.





Fox 5 reports Pearman reportedly told police he was an attorney and would "depose Steve Wynn and make this place napalm."

[/break1]foxnews.com/us/2013/06/06/lawyer-arrested-after-allegedly-destroying-vegas-hotel-room-in-wild-hangover/?test=latestnews&cmpid=twitter_fn]http://www.foxnews.com/us/2013/06/06/la ... twitter_fn



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#16

Post by TollandRCR » Thu Jun 06, 2013 11:50 am

Googling her name brings up several websites dedicated to defending her that seem to be on an appropriate level of crazy, with a faint tinge of SovCit nuttery. Tolland, what do you think?From the last article on the trial, this sentence sticks out:Barnes’ case had been delayed while she was being held in a state psychiatric institute after being found mentally incompetent to stand trial after her arrest.Her words and behavior are consistent with the violent side of Sovereign Citizens. She would have fit right in with the Montana Freemen or the Kanes. She may be crazy as a loon (sorry to lovers of either the loon or the Loonie).


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#17

Post by vic » Fri Jul 12, 2013 8:36 pm

Found this story on Above the Law via Daring Fireball[link]Lawyer: Apple Should Protect Me From My Porn Addiction,http://abovethelaw.com/2013/07/lawyer-a ... addiction/[/link]A tipster pointed us to a 50-page complaint filed in federal court last month seeking damages and injunctive relief against Apple for making devices that can display porn, or as the rest of us call it, the Internet. The complaint gracefully skips from pop psychology, to comparing porn to handguns, to appeals to the divine rule of the Almighty....The plaintiff, Chris Sevier, is an attorney in Nashville. A news report of his arrest last month on unrelated charges of stalking country music star John Rich (the guy whose obnoxious song mars my weekly viewing of College GameDay) states that Sevier’s 36, though his Model Mayhem bio says he’s 26. For someone mad about porn on the Internet, he’s already adopted its first cardinal rule: models always lie about their age.Sevier’s complaint makes a simple request: Apple should sell all products with an installed filter blocking all Internet porn. If the buyer, over the age of 18, wishes to unlock the Internet, he or she is free to contact Apple, sign a form acknowledging the ills of pornography, and receive a code to remove the filter. Sevier argues that the burden must be shifted from parents to the manufacturer to sell a locked device. That sounds like a fair enough, even laudable goal. But Sevier also wants these filters installed lest the responsibility be up to *shudder* individuals exercising self-control.More, as they say, at the link.



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#18

Post by Roboe » Mon Jul 15, 2013 3:25 am

A British-registred, French/German-built airplane, equipped with Swiss engines (ok granted, Pratt & Whitney has a 25% share) has an accident in the airspace over London's Heathrow airport. Where do you sue?





Why, Chicago of course!





Heathrow emergency: Nine passengers sue





A group of nine British and Norwegian passengers have begun legal action after a British Airways plane made an emergency landing at Heathrow in May.





Flight 762 was bound for Oslo in Norway with 75 passengers on board when the engine covers fell off during take-off.





...





The legal action is against Airbus, which made the aircraft, and International Aero Engines, which made and sold the engines.





It is not, however, against British Airways, despite the fact that it was their plane.[/break1]bbc.co.uk/news/business-23275637]http://www.bbc.co.uk/news/business-23275637





I realise there's probably some rational explanation for why this was filed in Chicago, but for now I'll have to settle for the :roll: reaction.



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#19

Post by Curious Blue » Mon Jul 15, 2013 5:01 am

I realise there's probably some rational explanation for why this was filed in Chicago, but for now I'll have to settle for the :roll: reaction.Yes, there is a rational explanation. Rather simple, actually: Read this:[/break1]washingtonpost.com/national/3rd-victim-in-sf-crash-15-year-old-chinese-girl-who-attended-school-with-other-2-fatalities/2013/07/14/0b29651e-ec63-11e2-b46e-f15eec37b46c_story.html]http://www.washingtonpost.com/national/ ... story.html



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#20

Post by Roboe » Mon Jul 15, 2013 6:16 am

I realise there's probably some rational explanation for why this was filed in Chicago, but for now I'll have to settle for the :roll: reaction.Yes, there is a rational explanation. Rather simple, actually: Read this:[/break1]washingtonpost.com/national/3rd-victim-in-sf-crash-15-year-old-chinese-girl-who-attended-school-with-other-2-fatalities/2013/07/14/0b29651e-ec63-11e2-b46e-f15eec37b46c_story.html]http://www.washingtonpost.com/national/ ... story.htmlInteresting, I wasn't aware of the Montreal Convention having a say. However, it still doesn't explain how a British national living in London, travelling from London to Oslo, on a French-built plane, powered by engines from a joint venture engine manufacturer based in Switzerland, can have standing to sue in the US? Unless there is a loophole that allows her to specifically sue Pratt & Whitney.



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#21

Post by ZekeB » Mon Jul 15, 2013 9:58 am

I'd like to know how the engine manufacturer got drawn into this in the first place. Who made the engine covers? Who fastened the covers to the engine? I doubt that any engine manufacturer makes covers.


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#22

Post by A Legal Lohengrin » Mon Jul 15, 2013 2:17 pm

I realise there's probably some rational explanation for why this was filed in Chicago, but for now I'll have to settle for the :roll: reaction.Why file in Chicago? $$$$$.Sounds like a forum non conveniens issue to me, which I'm sure the airline/all other defendants will argue.



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#23

Post by SueDB » Mon Jul 15, 2013 2:21 pm

I realise there's probably some rational explanation for why this was filed in Chicago, but for now I'll have to settle for the :roll: reaction.Why file in Chicago? $$$$$.Sounds like a forum non conveniens issue to me, which I'm sure the airline/all other defendants will argue.Boeing moved it's headquarters to Chicago. Might as well give the Illinois Courts some practice depending on the outcome of the Boeing Plane that was crashed in SF.


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#24

Post by Mikedunford » Mon Jul 15, 2013 2:36 pm

I realise there's probably some rational explanation for why this was filed in Chicago, but for now I'll have to settle for the :roll: reaction.Why file in Chicago? $$$$$.Sounds like a forum non conveniens issue to me, which I'm sure the airline/all other defendants will argue.That was my thinking, too, on both counts. Foreign air carrier, foreign airframe manufacturer, foreign engine manufacturer, and a mishap that took place over a foreign country during a flight that originated in a foreign country, had an intended destination in another foreign country, and a flight plan that was unlikely (to put it mildly) to carry it over United States airspace. Forum non conveniens seems obvious. At the same time, a bit of digging turned up that the firms handling the case in the US and UK are both very experienced in aviation law litigation. I'd assume that they have a reasonable response in mind. Unfortunately, the same digging did not turn up enough information to let me locate the docket on PACER, so I haven't been able to read the actual complaint. That would be interesting, if only to see the jurisdictional claims.


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#25

Post by A Legal Lohengrin » Mon Jul 15, 2013 2:44 pm

At the same time, a bit of digging turned up that the firms handling the case in the US and UK are both very experienced in aviation law litigation. I'd assume that they have a reasonable response in mind. Unfortunately, the same digging did not turn up enough information to let me locate the docket on PACER, so I haven't been able to read the actual complaint. That would be interesting, if only to see the jurisdictional claims.Yes, one presumes they anticipate such a defense argument and drafted the pleading accordingly. I can't tell whether they have a really good argument against forum non conveniens or are just rolling the dice, since I don't know what they're using as an argument.



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